Separation/ adultery

Can you be considered separated (with intent to be divorced) while still living together until one spouse is financially able to move out ? Can a past affair( no longer happening ) be brought into a the separation/divorce process even though the innocent spouse decided to work on the marriage after the affair ? Can dating while separated affect your spousal support or custody case ? This is also in reference to a military family, husband is active duty, wife stays at home.

(1) You cannot be considered separated for divorce purposes if you are still living with your spouse. One of the requirements of an absolute divorce in North Carolina is that the husband and wife live separate and apart for one year (with the intent of remaining separate and apart).

(2) If an old affair was condoned by the innocent spouse, then it cannot be considered in the separation process for the purposes of determining alimony but it could be considered in determining custody as it would have a negative impact on the character of the spouse that had the affair.

(3) Dating during the separation period could effect alimony/post-separation support particularly if it can be proven that the dating spouse was also dating during the marriage and the dating rose to the level of illicit sexual behavior (a form of marital misconduct).

Check out our articles on Dating While Separated and Impact of Dating on Spousal Support .

Dating during the separation period could have an effect on a custody case particularly if the dating spouse moves in with his/her boyfriend/girlfriend and/or the dating spouse is so distracted by the boyfriend/girlfriend that they are no longer able to adequately focus on the needs of the child.